Barrientos v. 1801-1825 Morton LLC (2009)

Citation: Barrientos v. 1801-1825 Morton LLC (2009)
Parent Document: Barrientos v. 1801-1825 Morton LLC (2009)
Jurisdiction: United States (federal)
Effective Date: 2009-10-09
Original Source: https://www.courtlistener.com/opinion/3065171/barrientos-v-1801-1825-morton-llc/ ↗

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In 1994, the National Apartment Association commis-
sioned a report by Abt Associates on assisted housing (“Abt
Report”). It recommended “making the Section 8 process as
similar to regular market operations as possible” by eliminat-
ing the “good cause” requirement for nonrenewal and retain-
ing protections provided to all renters in the local jurisdiction.
Thereafter, landlord groups pushed for the adoption of the Abt
Report’s recommendations, including the elimination of the
“endless lease” provision, claiming that “[s]ection 8 families
should get all the protections that their nonsubsidized friends
and neighbors receive but no greater protections.” Hearing on
H.R. 2406 Before Subcomm. on Hous. & Cmty. Opportunity
of Comm. on Banking, Fin. & Urban Affairs, 1995 WL
602577 (Oct. 13, 1995) (testimony of Christina L. Garcia,
Vice President of Wildwood Mgmt. Group, Inc.).
             BARRIENTOS v. 1801-1825 MORTON LLC            14433
   HUD’s 1995 final rule provides that the “good cause”
requirement applies “during the term of the assisted lease,”
but not “after a termination of the assisted lease,” 60 Fed.
Reg. 34,660, 34,673 (July 30, 1995), and emphasizes that its
regulation strikes a “reasonable balance between the interest
of the assisted tenant and the owner” because “the lease pro-
tects the tenant against arbitrary and ungrounded termination
by the owner,” while “the owner is not locked in, but may ter-
minate the tenant for lease violation or other good cause,”
including a “business or economic reason,” id. at 34,674.

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